NO DISCRIMINATION IS TO BE MADE BETWEEN OLIGARCH CONSTRUCTOR AND RA ORDINARY CITIZEN

It is said that in the past there was a cemetery in the area of today’s National Assembly, and there were grape gardens once owned by an extremely wealthy person in place of today’s opera and ballet building. It is common knowledge that prior to the declaration of Soviet orders, Yerevan, in spite of its honorable age, was a clay-covered and backward provincial city with dirty streets.

During Soviet years our illuminated capital was thoroughly built which is today the capital of the whole Armenians. During these years, hundreds of thousands of houses of our Armenians and ancestors were sold. I cannot recall any occasion when the owners of the sold houses were ever dissatisfied with unjust treatment of the state as regard the sale of the houses owned by them on basis of an ownership right. In addition, the owners and the family members of the sold house receive residential area equal to the number of members regardless of the sizes of the sold own house.

The newly independent Republic of Armenia as a state political program provision has determined to implement rather courageous and a responsible important program for the first time since 2000, to regard the entire separate districts as state supreme benefits and hand over to private entities for construction. As a result, many owners, having received non-equivalent compensation from constructors, and what is more important, having no state protection, were expelled from the state and became homeless. As a matter of fact, the program proposed by the state supreme authority as to the building and improvement of the country, on account of wretched authorities and unjust juridical acts of powerless judicial authorities, made one layer of population of our compatriots powerless and were unprotected in their own country. Today, a part of cases transferred from Armenia to European court relates similar cases in which the rights of owners envisaged by RA main laws were essentially violated.

As a result, the construction program involving kindness and well-being have an impact on today’s and tomorrow’s supreme leadership of the state like a sword of Damocles, and the obligation of settlement of that global goal is assumed by the state at the moment. Moreover, the similar cases in the European court will be over in favour of the applicants. The trouble is that the representative of state authorized bodies is instructed by the supreme leadership not to offend the constructors since they made huge investments, it is understood directly even at the expense of the owners of the sold houses. But the fact that the constructor fails to perform his obligations in due time and fails to pay a compensation to the owner equivalent to the house, as a result of the constructions done, the entire district is turned into construction rubbish heap is ignored by the state authorized body, whereas the constructor feels that he is out of law. Moreover, tomorrow the supreme authorities of the country will face another serious problem, i.e. a definite number of constructors, with no supervision granted by a state authorized authority, ventured to enter into a few preliminary sale and purchase contracts with different persons for one apartment in constructed apartment buildings. It is out of question to mention that contractual obligations ought to be performed in due time.

For the state programs of constructions not to be failed and RA citizen and constructor to feel equally protected, it is necessary:

a) the state shall bear a secondary liability in case of non-performance or partial performance of the constructor’s obligations as envisaged by law after the decision of RA Government regarding the recognition of state supreme benefit enters into force.

b) the entire process of sale and construction as far as signing of the preliminary sale contract, it shall be controlled by a few authorized bodies.

c) acting committees should be created under the direct supervision of RA President or Prime Minister which ought to check how fair and legal the compensations granted in the past are until the verdicts of the European Court become valid.

State authorized bodies and the juridical authorities shall not only exercise discrimination between oligarch-constructors and RA ordinary citizens, but also RA President’s words shall come to life which says “Armenia is you, Armenian is each citizen”.